At XO Quinntographer, I pride myself on creating the best experience possible. Intent on superior service, I am dedicated to providing and meeting your photographic needs and desires. As always, an open communication is essential and strongly encouraged. Additional support and guidelines can be found here, in the Payment and Policies Section, regarding all deposits and tracking of products. They are as follows:
1. Selected Photographs
After careful review of the photographs taken pursuant to the Portrait Agreement, Photographer will edit and present to Client only those photographs that, in Photographer's sole judgment, best represent Photographer's work.
Client agrees to pay Photographer a non-refundable retainer upon signing of Agreement; and depending on the specialized service, the full balance will either be due 4 weeks prior to wedding date or the day of for event, commercial or portrait photography.
3. POST PROCESSING & PRODUCT SELECTION
All images for print products must be selected within a certain time frame (designated in your signed agreement) after the on-line gallery is delivered. If images are not selected by that date, client will incur $75 service fee to unarchive gallery to re-upload images.
If photography services extend past 4 hours, a meal must be provided to the photographers or a meal break for 1 hour.
5. DISCRETION/ARTISTIC STYLE CLAUSE
Client understands and agrees the Client is hiring Photographer to perform Photographer’s services in Photographer’s own discretion and style. Client agrees and understands that the quality of a photograph is entirely subjective. Client has no authority to control the manner in which Photographer takes photographs. Client has no right to rescind this Agreement in any way if Client is dissatisfied with Photographer’s photography.
If an illness or personal situation prevents a Portrait Session from taking place, client may reschedule this session 48 hours prior to their shoot without penalty. However, in all other cases, there is a Transfer fee of $50 to schedule to a new date. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction or other circumstances beyond their control.
7. LIQUIDATED DAMAGES
Client acknowledges that upon signing this Agreement, Photographer will reserve and will not make other reservations for the time and date reserved by Client. If Client fails to perform duties pursuant to this Agreement for any reason including, but not limited to, canceling or postponing the photography services, Photographer will retain as reasonable liquidated damages the Payments made. If, however, Photographer is able to secure another portrait assignment for the Date, Photographer will retain as reasonable liquidated damages any deficiency in the value of the new booking relative to this Agreement. Photographer warrants that reasonable efforts will be made to secure a replacement portrait assignment for the Date.
8. PHOTOGRAPHER EXCLUSIVITY
The Photographer shall be the exclusive still photographer retained by the Client for the purpose of photographing the wedding or event. Guests and family members of the Client shall be permitted to photograph the wedding or event as long as they do not interfere with the Photographer’s duties and do not photograph poses arranged by the Photographer. Client agrees to inform attendees of and to enforce these restrictions.
9. SPECIFIC COVERAGE INDEMNIFICATION
All photographs taken pursuant to this Agreement will be made in Photographer's professional discretion. Client will furnish Photographer with a list of any persons, groups, or occurrences requested to be photographed, if any, at least one week prior to the event Date. Photographer recommends that Client designate a coordinator to identify certain persons to photograph during the event. Photographer will use its best efforts but makes no guarantee that it will capture specific photographs during the events.
Client agrees to obtain all necessary permits or passes required for photo locations. Client understands that some locations may have exclusivity clauses that prohibit outside photographers. Client agrees to confirm and to provide Photographer’s photographic access to the photo locations.
11. LIABILITY LIMITS
Although Photographer shall take due care to perform photography services pursuant to this Agreement, Photographer’s liability for any loss, damage, or failure to deliver photographs (including for acts of God, terrorism, accident, illness, equipment failure, or any incident of unpredictable misfortune) shall be limited to Payments made pursuant to this Agreement.
XO Quinntographer shall not be liable for omissions caused by failure of the Client to maintain all agreed schedules or causes by delay due to the inaccurate information provided by the client. XO Quinntographer shall not be liable for failures or faults in the manufacture or processing of materials or other causes that may reasonably be deemed beyond the control of With Love, Quinntography. In the event such circumstances prevent XO Quinntographer from performing its obligations or delivering the agreed product or service, the Client's sole remedy shall be the refund of any deposits. Omissions or failure to produce specific images that may be discussed or proposed at a planning session shall not void this agreement agreement and/or shall not result in compensation to the Client by XO Quinntographer.
13. SUBSTITUTE PHOTOGRAPHER
Photographer may substitute another photographer to take the photographs pursuant to this Agreement in the event of Photographer’s illness or other emergencies. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
As the author of all photographs made pursuant to this Agreement and as provided by law, Photographer retains the copyright in and to the photographs. The parties agree that the photographs are not works made for hire in accordance with 17 U.S.C. § 101, and that Photographer retains those exclusive rights in the photographs provided by 17 U.S.C. § 106, including the rights to reproduce the copyrighted work, prepare derivative works based on the copyrighted work, distribute copies of the copyrighted work to the public, and display the work.
15. CLIENT'S USE OF PHOTOGRAPHS
Client may use the photographs taken pursuant to this Agreement for: (1) personal, non-commercial purposes including display on personal websites, copies for family, wedding guests, and friends, and (2) the publication of wedding-related announcements or articles if, when customary, credit is given to Photographer as "© XO Quinntographer" Client will not permit or assist with any commercial use or sale of the photographs without specific written consent of Photographer.
16. MODEL RELEASE
Client grants Photographer and Photographer's heirs, legal representatives, and assigns the irrevocable, perpetual, and unrestricted right to use the photographs taken pursuant to this Agreement in all forms, media and manners, in conjunction with Client's own or a fictitious name, for advertising, trade, promotion, exhibition, or any other lawful purposes. Client now and in the future waives any right to review or approve: the photographs themselves, the use of the photographs, or the matter that may be used in conjunction with the photographs. Client waives any right to royalties or other compensation arising from or related to the use of the photographs. Client releases, discharges, and agrees to hold harmless Photographer and Photographer's heirs, legal representatives, and assigns from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking, processing, or publication of the photographs.
17. RETENTION OF PHOTOGRAPHS
Photographer will retain copies of the photographs taken pursuant to this Agreement for at least 24 months following the Date.
18. JURISDICTION AND ARBITRATION
The laws of Louisiana govern this Agreement without regard to conflicts of law provisions. Client consents to the exclusive jurisdiction of the state and federal courts sitting in the state of Louisiana. All unresolved disputes arising under this Agreement shall be submitted to arbitration in Louisiana. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $5,000.
This Agreement incorporates the entire understanding of the parties. Any modifications to this Agreement must be in writing and signed by all parties. If any provision of this Agreement is held to be invalid or unenforceable by law, the validity of this Agreement in whole shall not be affected, and the other provisions of the Agreement shall remain in full force and effect. No waiver of any breach of any term or provision of this Agreement shall be construed to be, or shall be, a waiver of any other breach of this Agreement. No waiver shall be binding unless in writing and signed by the party or parties waiving the breach. The paragraph, section, and article headings used in this Agreement are intended solely for convenience and reference and shall not in any manner amend, limit, modify, or otherwise be used in the interpretation of any of the provisions of this Agreement.